July 12, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 028/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
GLOBE INVESTMENT HOLDINGS LIMITED
Claimant
and
(1) COMMERCIAL BANK OF DUBAI
(2) HORTIN HOLDING LIMITED
(3) LODGE HILL LIMITED
(4) WESTDENE INVESTMENT LIMITED
(5) 1897 (CAYMAN) LIMITED
Defendants
CONSENT ORDER
UPON the interim costs order of H.E Justice Nassir Al Nasser dated 18 September 2023 (the “Interim Costs Order”)
AND UPON the Defendants’ Notice of Commencement of Detailed Assessment Proceedings issued on 16 February 2024 and the bill of costs dated 16 February 2024
AND UPON the Defendants’ request for a default costs certificate issued on 13 March 2024
AND UPON the written directions of the DIFC Court on 1 April 2024 to the Defendants requiring the Defendants to comply with paragraph 7 of Practice Direction No. 5 of 2014
AND UPON the Defendants’ revised bill of costs dated 2 April 2024
AND UPON the Consent Order issed by the Court on 9 May 2024 recording the agreement reached between the Claimant and the Defendants on 7 May 2024 that the Defendants shall file and serve a revised bill of costs by 4pm (GST) on 13 May 2024 (the “9 May Order”)
AND UPON the consent order filed with the Court on 13 May 2024 and issued on 15 May 2024 amending paragraph 1 of the 9 May Order
AND UPON the Defendants filing a revised bill of costs on 14 May 2024
AND UPON the Fifth Defendant commencing enforcement proceedings against the Claimant in the Dubai Execution Court to enforce the Interim Costs Order under file Execution Court number 108 of 2023 (the “Execution Proceedings”)
AND UPON the Claimant commencing proceedings in the Dubai Court under the case number 633 of 2024 (Commercial) seeking a judgment for the set-off of the Interim Costs Order against amounts due to the Claimant by the Second to Fourth Defendants pursuant to a Sharjah Judgment dated 6 April 2021 (the “Sharjah Judgment”) and the appeal filed by the Claimant under Appeal No. 834 of 2024 (the “Dubai Set off Claim”)
AND UPON the Claimant commencing proceedings in Sharjah Court under the case number 999 of 2024 (Commercial) seeking a judgment for the set-off of the Interim Costs Order against amounts due to the Claimant by the Second to Fourth Defendants pursuant to the Sharjah Judgement and the appeal filed by the Claimant under Appeal No. 747 of 2024 (the “Sharjah Set off Claim”)
AND UPON the Claimant under application number 788062 of 2024 seeking the joinder of the Second to Fourth Defendants in the Execution Proceedings (the “Joinder Application”)
AND UPON further agreement between the parties in relation to the issue of the cost assessment of these proceedings
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The issue of the detailed assessment of the costs of these proceedings, the payment of the Interim Costs Order, and the issuance of any further costs orders, shall be stayed pending the final and unappealable determination of the Dubai Set off Claim, the Sharjah Set off Claim, and the Joinder Application.
2. Further, in the event that the Claimant’s Joinder Application is successful, the detailed assessment of the costs of these proceedings and the issuance of any further costs orders shall be further stayed pending the final and unappealable determination of the Claimant’s intended application in the Execution Proceedings seeking to set off of the costs of these DIFC Court Proceedings, including the Interim Costs Order, against the debt owed to the Claimant by the Second to Fourth Defendants pursuant to the Sharjah Judgment.
3. There shall be no order as to costs.
4. The parties shall have liberty to apply.
Issued by
Hayley Norton
Assistant Registrar
Date of issue: 12 July 2024
At: 3pm